JAS USA COMPLIANCE

News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

6165 Barfield Road
Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
Fax: +1 (770)688-1229

It's Not Too Late to File for a Claim

October 1, 2020

On September 10, 2020, a group of importers filed a lawsuit in the Court of International Trade claiming that Section 301 List 3 & 4A overstepped the authority outlined in the Trade Promotion Act of 1974.  The lawsuit also claims that the Section 301 Lists 3 & 4A overstepped the notice and comment period outlined in the Administrative Procedures Act.  If the lawsuit is successful, the government could possibly owe importers who file an independent claim the Section 301 duties, taxes and interest that was paid for list 3 & 4A.  There was a rush to have all independent claims filed by September 18th; however, compelling legal arguments have been found that may support that the early deadline does not apply.  List 4A will not be questioned for timeliness if filed on or before August 19, 2021.

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Earlier this year, in late March, CBP issued a finding that certain disposable gloves, were mined, produced, or manufactured in Malaysia by Top Glove Corporation Bhd with the use of convict, forced, or indentured labor, and were being, or were likely to be, imported into the United States.  Pursuant to 19 U.S.C. 1307 and CFR 12.42 (g), it is hereby determined that the articles described below are no longer being mined, produced, or manufactured wholly or in part with the use of convict, forced, or indentured labor by Top Glove in Malaysia.  

The change is the result of the cooperation of Top Glove Corporate to address issues initially cited.

The Federal Register dated September 10, 2021, proposed to amend the U.S. Customs and Border Protection (CBP) regulations to require continuing education for individual customs broker license holders (individual brokers) and to create a framework for administering this requirement. By requiring individual brokers to remain knowledgeable about recent developments in customs and related laws as well as international trade and supply chains, CBP's proposed framework would enhance professionalism and competency within the customs broker community. CBP has determined that the proposed framework would contribute to increase trade compliance and better protection of the revenue of the United States.

Comments on this change are being accepted on or before November 9, 2021.

Did you know that the JAS Forwarding USA Inc. Compliance Team can partner with clients to consult on numerous issues?  Our team has well over 100 combined years of experience in regulatory trade compliance.  Check out our Compliance presentation and let’s connect and see how we can partner.

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